Actions Determined as Requiring Approval, Actions Determined as Not Requiring Approval, Assessment Approach, Variation of Conditions of Approval

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly matters of national environmental significance, by regulating actions that may have a significant impact on the environment. The Act was introduced to address the gap in environmental protection laws and to ensure that the federal government has the necessary tools to protect Australia's environment. The EPBC Act is administered by the Australian Parliament, with a policy objective to balance and integrate the management of environmental impacts with economic and social considerations. The Act aims to protect and conserve Australia's biodiversity, heritage places, and the world heritage properties, as well as to provide for the management of radioactive waste, and to control the import and export of controlled goods. The Department of the Environment and Energy is responsible for the administration of the EPBC Act and ensures that the legislative requirements are met. The department has implemented systems and quality assurance procedures to minimise the risk of missing notifications within the required timeframes. In cases where a missed notification is identified, the department will notify the public, even if the timeframe for notification has lapsed. This ensures that the history of notifications for each referral is available to the public. The department regrets any inconvenience that may be caused by a missed notification and assures that late notifications do not affect subsequent processing of referrals or decisions made.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a broad range of actions, entities, and industries across Australia, aiming to protect the environment by regulating actions that may impact on matters of national environmental significance, including listed threatened species and communities, listed migratory species, World Heritage properties, and National Heritage places. The Act covers both Commonwealth and non-Commonwealth land and marine areas, and it applies to individuals, companies, and public authorities undertaking actions that could affect these environmental matters. The Act’s reach is national, and it mandates that certain actions require approval from the Minister for the Environment, unless they fall under the category of actions not requiring approval or have been assessed and determined to have no significant environmental impact. The EPBC Act also extends its application through subordinate instruments, which may include regulations and guidelines that further define the scope and implementation of the Act. Notably, some exclusions and exemptions apply, particularly where actions are carried out in a specific manner as detailed in the Act or related instruments. The Department of the Environment and Energy ensures compliance and public notification through various measures, including the Gazette and online referrals list, although occasional delays in notification do occur, and the department commits to notifying the public of such delays to maintain transparency and integrity in the regulatory process.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) sets out the main operative sections that determine which actions require approval and which do not. Section 75 of the Act requires approval for actions that may significantly impact listed threatened species, communities, or their habitats, or actions that are nuclear actions. For instance, a residential subdivision in Prestons, NSW (EPBC Act s.75, 18 & 18A), and the rehabilitation of a former mine site in Batchelor, NT (EPBC Act s.75, 18, 18A, 21 & 22A) are examples of actions that require approval. Conversely, actions such as the extension of the State Barrier Fence in Western Australia (EPBC Act s.75) and tree trimming on the Cairns City Library property in Queensland (EPBC Act s.75) do not require approval provided they are undertaken in a specific manner. The Act imposes various obligations and requirements on the parties or entities it governs. For actions that require approval, proponents must submit detailed documentation, such as Preliminary Documentation or an Environmental Impact Statement, to the Department of the Environment and Energy. For example, Maxma Developments Pty Ltd must submit Preliminary Documentation for a residential development in Prestons, NSW (EPBC Act s.87). Additionally, the Act requires proponents to consider the potential impacts on listed threatened species, migratory species, World Heritage properties, and National Heritage properties, and to mitigate these impacts where possible. The EPBC Act also outlines the offences, penalties, or civil/criminal consequences for breach of its provisions. While the specific penalties for breaches are not detailed in the provided text, it is known that breaches of the Act can lead to substantial fines and, in some cases, imprisonment. The severity of the penalty depends on the nature and extent of the breach. For instance, if an action that requires approval is undertaken without obtaining the necessary approval, the offender could face significant legal consequences. The Act provides mechanisms for varying the conditions of approval for actions that have already been approved. This is detailed in section 143 of the EPBC Act, which allows for the modification of approval conditions to address new information or changed circumstances. For example, the Busselton Foreshore Redevelopment project in Western Australia had its approval conditions varied on 19/07/2016 (EPBC Act s.143). The Department of the Environment and Energy has implemented systems and quality assurance procedures to ensure timely notifications of actions requiring approval. Although there may be occasional missed notifications or delays, the Department ensures that all notifications are eventually communicated to the public. The Department regrets any inconvenience caused by such delays but assures that they do not affect the processing of referrals or the decisions made.